Dacoity
Section 391 of the Indian Penal Code, 1860 deals with dacoity. When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aidin The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity".
Section 391, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 310 Dacoity Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Rafiq Ahmed @ Rafi vs State of U. P
Court's Decision & Legal Precedent
When an accused is charged with dacoity-with-murder under Section 396 IPC, the ingredient of murder defined under Section 300 IPC is expressly incorporated into Section 396 by specific statutory language. Therefore, if the evidence establishes that the accused committed murder but does not establish the dacoity component, the accused can be convicted for murder under Section 302 IPC without a specific charge for Section 302, provided: (a) the accused had notice that murder was an allegation against him through the Section 396 charge and Section 313 examination where facts were put to him; (b) he had full opportunity to defend himself; (c) no prejudice resulted to his right to fair trial, presumption of innocence, or the prosecution's burden to prove guilt beyond reasonable doubt; and (d) the ingredients of murder under Section 300 IPC are satisfied by the evidence. The principle of cognate offences permits such conviction when the graver offence (dacoity-with-murder) incorporates the essential elements of the lesser offence (murder) by express statutory language, and the accused suffered no failure of justice.
On this section: Defines dacoity - when five or more persons conjointly commit or attempt robbery. Applied to establish that dacoity requires minimum five persons
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Garadi Madduleti vs State of A.p.
Court's Decision & Legal Precedent
The ratio decidendi of this judgment is: (1) Dacoity under Section 391 IPC requires proof that five or more persons conjointly committed or attempted to commit a robbery. If the evidence establishes that fewer than five persons participated, conviction under Section 396 IPC (dacoity with murder) cannot be sustained, even if other evidence suggests additional persons' involvement. (2) In criminal cases involving identification of strangers in night-time offences, a single eyewitness testimony can form the basis of conviction if it is unimpeachable, true, and trustworthy. (3) A properly conducted test identification parade by a Magistrate, where the witness correctly identifies the accused on multiple occasions, can corroborate and strengthen eyewitness testimony. (4) Delay in identification and trial, even spanning 15 years, does not necessarily discredit a witness's testimony if the witness's memory has been tested through a properly conducted identification parade and the witness has no motive to falsely implicate the accused. (5) Mere recovery of stolen or dacoit property from an accused person cannot by itself lead to an irresistible conclusion that the person participated in the commission of the offence; such recovery could indicate the person is a receiver of stolen property.
On this section: Definition of dacoity - cited to establish that dacoity requires five or more persons conjointly committing or attempting to commit a robbery. The court applied this section to determine that since only three persons participated in the offence, the charge under Section 396 IPC could not be sustained.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 391
What have the courts held on Section 391 of the Indian Penal Code?
Rafiq Ahmed @ Rafi vs State of U. P (04 Aug 2011) is the leading judgment on this section among those set out below: Defines dacoity - when five or more persons conjointly commit or attempt robbery. Applied to establish that dacoity requires minimum five persons. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2010 to 2011.
How do I find court cases under Section 391 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 391, section 391 IPC, section 391 of the Indian Penal Code. People searching for it also type ipc 391 in bns and ipc 391 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Rafiq Ahmed @ Rafi vs State of U. P (04 Aug 2011).
What should I read with Section 391 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 310 (Dacoity), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 391 of the Indian Penal Code come into force?
Section 391 of the Indian Penal Code, cited as IPC 391, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.